Consider hiring outside attorney to conduct harassment investigation

The 8th Circuit Court of Appeals has refused to reinstate a case involving sexual harassment in which the alleged harasser claimed he was fired because of racial bias.

The case demonstrates that a careful investigation that follows internal rules on reporting and investigating sexual harassment won’t be second-guessed by a judge, unless there is compelling evidence of some other bias.

It also shows that sometimes, the best investigator comes from outside the organization.

Recent case: Brett, a black man, was promoted within the HR department at the University of Minnesota Physicians. His new job included managing diversity recruitment, conducting HR training sessions, conducting HR investigations and handling HR complaints. He received a raise and was paid over $100,000 per year.

Later, he would claim that he succeeded at his job despite institutional racism and a lack of support for his efforts to diversify the prac...(register to read more)

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